Stouffer v. State
| Decision Date | 14 November 2006 |
| Docket Number | No. D 2003-277.,D 2003-277. |
| Citation | 2006 OK CR 46,147 P.3d 245 |
| Parties | Bigler Jobe STOUFFER, Appellant v. STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
BIGLER JOBE STOUFFER, Appellant, was tried by jury for the crimes of Murder in the First Degree and Shooting with Intent to Kill in Case No. CF-85-509 in the District Court of Oklahoma County before the Honorable Jerry Bass, District Judge. Appellant was sentenced to death, and life respectively and he perfected this appeal. Judgment and Sentence is AFFIRMED.
Gary James, Richard Anderson, Oklahoma City, OK, attorneys for defendant at trial.
Richard Wintory, Assistant District Attorney, Christy Reid, Assistant District Attorney, Oklahoma County, Oklahoma City, OK, Attorneys for the State at trial.
Mark L. Henricksen, El Reno, OK, attorney for appellant on appeal.
W.A. Drew Edmondson, Attorney General of Oklahoma, Jennifer J. Dickson, Assistant Attorney General, Oklahoma City, OK, attorneys for appellee on appeal.
¶ 1 Appellant, Bigler Jobe Stouffer, was charged with the First Degree (malice) Murder in violation of 21 O.S.1981, § 701.7(A), and Shooting with Intent to Kill in violation of 21 O.S.1981, § 642, on January 29, 1985, in Oklahoma County District Court Case No. CRF-85-509. The instant appeal arises from a trial occurring in January and February of 2003, before the Honorable Jerry Bass, District Judge.1 The State filed a Bill of Particulars and alleged, during sentencing, the existence of three aggravating circumstances: (1) that the appellant knowingly created a great risk of death to more than one person; (2) that the killing was committed for the purpose of preventing a lawful arrest or prosecution; and (3) the existence of the probability that the defendant will commit criminal acts of violence that would constitute a continuing threat to society.
¶ 2 The jury found Stouffer guilty of first degree (malice) murder and shooting with intent to kill. Stouffer was sentenced to life imprisonment for shooting with intent to kill. The jury found the existence of two aggravating circumstances and set punishment at death for the crime of first-degree murder.2 Judge Bass formally sentenced Stouffer in accordance with the jury verdict on June 3, 2003.
¶ 3 Doug Ivens and Velva Ivens (now Pardee) were separated and pursuing divorce proceedings. B.J. (Bud) Stouffer was dating Velva. Doug Ivens was dating Linda Reaves.
¶ 4 Doug Ivens testified that on January 24, 1985, Stouffer came to his house asking for a pistol. Stouffer told him that he needed a gun because there were prowlers or a burglar at Velva Ivens's house. Doug Ivens was concerned for the safety of his estranged wife and his two eight-year-old daughters.
¶ 5 Doug Ivens went to his bedroom and came out with a bank bag containing a loaded Colt .357 caliber revolver. Doug gave the bank bag to Stouffer. Stouffer turned his back to Doug Ivens, and then he turned around with the pistol in his hand. Stouffer fired two shots at Ivens, and Ivens fell to the floor. Stouffer then went to where Linda Reaves was reclining on the couch and shot her twice in the head. Stouffer walked back to Ivens and fired another shot into Ivens's face. Stouffer then left.
¶ 6 Ivens was able to crawl to the phone and call the police. He told police that Bud Stouffer had shot him and Linda Reaves. Reaves died as a result of her gunshot wounds, but Doug Ivens survived.
¶ 7 The State's experts concluded that five shots were fired. Five spent rounds and one live round were found in the Colt Python revolver.
¶ 8 The defense experts testified that there was not enough information to conclude that only five shots were fired. They concluded that more shots could have been fired. These experts pointed out that it was impossible to match all of the slugs to the Colt Python. The shots could have been fired from any .357 caliber weapon (including a .38 revolver or a 9 millimeter pistol). All of the defense experts believed that the crime scene was insufficiently processed, possibly because the police focused only on the description of events relayed by Ivens.
¶ 9 Stouffer raises eighteen propositions of error in his appeal. These issues will be addressed as they arose at trial.
¶ 10 We will initially dispose of Stouffer's overarching claim of judicial bias raised in proposition nine. We recognize that every defendant is entitled to an impartial judge. Tumey v. Ohio, 273 U.S. 510, 533, 47 S.Ct. 437, 445, 71 L.Ed. 749 (1927). When a defendant shows that a judge is not impartial, reversal is automatic — a defendant need not show prejudice. Chapman v. California, 386 U.S. 18, 24 and fn. 8, 87 S.Ct. 824, 828 and fn. 8, 17 L.Ed.2d 705 (1967). Stouffer cites to nothing contained in the record to support his claim. We find that Judge Bass was not biased against Stouffer.3
A.
¶ 11 In proposition eight, Stouffer raises several claims regarding jury voir dire. We review the manner and extent of a trial court's voir dire under an abuse of discretion standard. Littlejohn v. State, 2004 OK CR 6, ¶ 49, 85 P.3d 287, 301. This Court will not reverse unless an abuse of discretion is shown.
¶ 12 Stouffer first attacks the jury selection process by taking issue with the trial court's refusal to voir dire jurors individually. Stouffer cites to several instances where he claims the failure to have individual voir dire tainted the entire jury pool. Although a defendant may request individual voir dire, he has no automatic right to such a request. "Individual voir dire is appropriate where the record shows jurors were not candid in their responses about the death penalty, or that responses were tailored to avoid jury service." Hanson v. State, 2003 OK CR 12, ¶ 5, 72 P.3d 40, 46.
¶ 13 There is no evidence here that the potential jurors were anything but candid in their answers to the trial court's questioning. Thus, the trial court did not abuse its discretion in failing to hold individual voir dire. Stouffer's claims of jury taint are discussed below as they meld with other complaints Stouffer raises regarding jury selection.
¶ 14 Stouffer next claims that the trial court's voir dire method deprived him of the right to "life qualify" the jury. The trial court first began voir dire by explaining that there were two groups — those that would never vote for the death penalty and those that would always vote for the death penalty. The trial court instructed jurors who believed they fit in either of those categories to indicate by holding up their hands. The court then questioned people who raised their hands.
¶ 15 In Hanson, 2003 OK CR 12, ¶ 6, 72 P.3d at 46-47, this Court criticized a trial court because it refused to allow the defendant to "life qualify" jurors. In that case we cited Morgan v. Illinois, 504 U.S. 719, 735-36, 112 S.Ct. 2222, 2233, 119 L.Ed.2d 492 (1992), where the United States Supreme Court held that a capital defendant must be permitted on voir dire to find out whether his prospective jurors believe that the death penalty should automatically be imposed upon conviction for first degree murder.
¶ 16 In this case, Stouffer was allowed to ask whether jurors believed that everyone who is convicted of first-degree murder should receive the death penalty. Two jurors indicated that they would automatically vote for the death penalty and not consider lesser forms of punishment. They were both excused for cause. Therefore, he was allowed to "life qualify" the jury and this portion of his proposition is baseless.
¶ 17 Stouffer next identifies two jurors and complains that he was not allowed to rehabilitate them after they stated that they could not impose the death penalty. We have discussed this issue in the past holding that it is not an abuse of discretion to deny counsel an opportunity to rehabilitate a potential juror if the trial court has sufficiently questioned the juror to make an informed decision. Littlejohn, 2004 OK CR 6, ¶ 49, 85 P.3d 287 at 301. The trial court is not required to allow the parties to rehabilitate potential jurors. Duvall v. State, 1991 OK CR 64, ¶ 25, 825 P.2d 621, 631.
¶ 18 When a juror is disqualified, we review a trial court's decision for an abuse of discretion. Black v. State, 2001 OK CR 5, ¶ 25, 21 P.3d 1047, 1060. When a juror's views on capital punishment would "prevent or substantially impair the performance of his duties," removal for cause is proper. Williams v. State, 2001 OK CR 9, ¶ 10, 22 P.3d 702, 709.
¶ 19 On the second day of jury selection, two jurors indicated that they could not, upon reflection, impose the death penalty, or give "meaningful consideration" to all three punishment options. Defense counsel asked to rehabilitate both of these jurors because on day one, they stated that they could consider all three punishment options. Stouffer claims that after the first juror spoke up, the second juror was prompted to do the same. He claims that the discussion with both jurors tainted the entire pool.
¶ 20 The first juror asked the trial court, "If we're having second thoughts about something you asked us about yesterday specifically regarding the death penalty, when is the time to talk about it?" The trial court allowed him to speak and the juror stated, "I can't do it." Further inquiry revealed that this juror was in the "never" group.
¶ 21 The trial court reminded this juror that the law requires that meaningful consideration be given to all three alternative penalties provided for by law. The juror remained unequivocal that he would not follow the...
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